GUWAHATI, India, Aug. 22 -- Gauhati High Court issued the following order on July 22:

1. Heard Mr. Rajesh Mazumdar, learned counsel for the petitioner. Also heard Mr. Kamal Krishna Parasar, learned CGC, appearing on behalf of all the respondents.

2. The petitioner, herein, by way of instituting the present proceeding, has presented a challenge to an order, dated 24-07-2020, passed by the Commandant, 98 Battalion of Border Security Force, dismissing him from service in pursuance of the decision arrived at in this connection by the Summary Security Force Court(SSFC). The petitioner, herein, has also presented a challenge to an order, dated 19-07-2021, passed by the appellate authority, dismissing the appeal preferred by him and upholding the order, dated 24-07-2020, passed by the Commandant, 98 Battalion of Border Security Force.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The petitioner had joined the service of the Border Security Force on 15.06.2011, as Constable(GD). The petitioner while being posted at Jammu Frontier, Border Security Force at Paloura, Jammu(J&K), was found sleeping at his post. The matter on being reported, ASI(GD) Mithilesh Kumar Singh, had come to the post of the petitioner and on finding him sleeping; had required him to move from his post and proceed to the iron bridge. The petitioner, accordingly, moved towards the iron bridge on his bicycle and was followed by the said ASI(GD) Mithilesh Kumar Singh on his own bicycle. The petitioner, on reaching the iron bridge; parked his bicycle on the right side of the railing of the iron bridge. It is contended by the petitioner that being frightened, he had on an apprehension of occasioning of an untoward incident, acting on instinct, cocked his rifle. The said ASI(GD) Mithilesh Kumar Singh then held the barrel of the petitioner's weapon by one hand and caught the petitioner with the other. It is further contended that the petitioner, as ordered, had taken out the magazine from his rifle and put it in his pouch. He had also, on being asked by the ASI as to whether he would kill him, had replied that he had not cocked the rifle to kill him. The matter being escalated to the higher authorities, a chargesheet, dated 12-06-2019, came to be issued to the petitioner, leveling four charges against him.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoFNpfeMSHO5TXr4TvpfM316fhJSdMoZHdGNEaTH10rsC&caseno=WP(C)/5947/2021&cCode=1&cino=GAHC010184852021&state_code=6&appFlag=)

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